1. a. A person, who being able to do so, fails or refuses to provide support for the person’s child or protected person under the age of eighteen years for a period longer than one year or in an amount greater than five thousand dollars commits the offense of nonsupport.
b. A person shall not be held to have violated this section if the person fails to support any child or protected person under the age of eighteen who has left the home of the parent or other person having legal custody of the child or protected person without the consent of that parent or person having legal custody of the child or protected person.
2. “Support”, for the purposes of this section, means any support which has been fixed by court order, or, in the absence of any such order or decree, the minimal requirements of food, clothing or shelter.
3. Nonsupport is a class “D” felony. [S13, §4775-a; C24, 27, 31, 35, 39, §13230; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §731.1; C79, 81, §726.5] 2006 Acts, ch 1119, §8; 2019 Acts, ch 59, §229; 2024 Acts, ch 1009, §98 Referred to in §252B.7, 600B.29, 726.4 \n
Notes of Decisions
Cited in
16
cases, 1946–2019 · leading case:
State v. Rater, 568 N.W.2d 655 (Iowa 1997).
State v. Rater, 568 N.W.2d 655 (Iowa 1997).
· cites it 6× “Section 726.5 provides: a person, who being able to do so, fails or refuses to provide support for the person’s child or ward under the age of eighteen years commits non-support_ Support, for the purposes of this section, means any support which has been fixed by court order,…”
State Ex Rel. Hamilton v. Snodgrass, 325 N.W.2d 740 (Iowa 1982).
· cites it 8× “Second, the wilfullness requirement for contempt cannot be much consolation to the defendant who knows he is not the father but could not adequately defend the paternity suit for want of counsel; he still has a contest on his hands in the contempt proceeding.”
Jacobs v. City of Chariton, 65 N.W.2d 561 (Iowa 1954).
· cites it 14× “" Section 726.5, Code, 1950, I.C.A., section 13210, Code, 1939, says: "No one shall * * * have, keep, or hold in possession or control any roulette wheel * * * or any other machines used for gambling * * *.”
People of Michigan v. Selesa Arrosieur Likine, 492 Mich. 367 (Mich. 2012).
· cites it 2× “”); Iowa Code 726.5 (“A person, who being able to do so, fails or refuses to provide support for the person’s child or ward under the age of eighteen years for a period longer than one year or in an amount greater than five thousand dollars commits [felony] nonsupport.”
State v. Johnson, 528 N.W.2d 638 (Iowa 1995).
· cites it 2× “3 language does not require the existence of legal custody because in 726.”
State v. Merch. Seized, 225 N.W.2d 921 (Iowa 1975).
· cites it 4× “5, which provides: “No one shall, in any manner or for any purpose whatever, except under proceeding to destroy the same, have, keep, or hold in possession or control any roulette wheel, klondyke table, poker table, punchboard, faro, or keno layouts or any other machines used…”
State v. Boland, 41 N.W.2d 727 (Iowa 1950).
· cites it 4× “” Thereafter he was indicted, tried to a jury, convicted and sentenced for the crime of illegal possession of gambling devices in violation of section 726.5, Code of Iowa, 1946, which provides : “Possession of gambling devices prohibited.”
State v. Doe, 46 N.W.2d 541 (Iowa 1951).
· cites it 4× “The statute, section 726.5, forbids possession of a gambling device for any purpose except under proceeding to destroy it.”
State v. Demarce, 23 N.W.2d 441 (Iowa 1946).
· cites it 4× “Section 726.5, Code, 1946 [section 13210, Iowa Code, 1939], provides: "No one shall, in any manner or for any purpose whatever, except wnder proceeding to destroy the same, have, keep, *649 or hold in possession or control any * * * punch, hoard * * * or any other machines used…”
State v. Mabrey, 60 N.W.2d 889 (Iowa 1953).
· cites it 2× “The public policy of this state toward lotteries is expressed in our state Constitution, Article III, section 28', “No lottery shall be authorized by this State; nor shall the sale of lottery tickets be allowed.”
Hopka v. United States, 195 F. Supp. 474 (N.D. Iowa 1961).
· cites it 6× “Section 726.5, Code of Iowa 1958, I.C. A.”
Matter of Jacobs, 309 N.W.2d 481 (Iowa 1981).
“The brief points out that the statements in the petition may allege a class “D” felony of nonsupport under § 726.5, The Code 1979.”
— Iowa Code § 726.5(1) — 1 case
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